California Expands Harassment Training Requirements

On Oct. 15, California Gov. Jerry Brown signed Senate Bill 396 into law, requiring California employers with 50 or more employees to provide managers with interactive training on sexual harassment based on gender identity, gender expression and sexual orientation. This training expands the currently mandated manager training on sexual harassment and abusive conduct.

The California Department of Fair Employment and Housing Council’s regulations define some of the relevant terms.

Gender identity generally is thought of as someone’s identification as female, male, a gender different than the sex assigned at the person’s birth or transgendered.

Transgender generally refers to a person whose gender identity differs from the person’s sex assigned at birth. A transgender individual may or may not have a gender expression that is different than the stereotype of the sex assigned at birth.

Gender expression is the way a person chooses to express their gender, generally through their appearance, dress and behavior, whether or not stereotypically associated with the person’s sex at birth.

Sexual orientation references someone’s sexual attraction to individuals of the same gender, different gender or more than one gender.

This expanded training is required beginning Jan. 1, 2018, and must include practical examples of such harassment and must be presented by trainers or educators with expertise in these areas. Employers also are required to prominently display an official poster on transgender rights.

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